Philippine Bar review · Question

Practice question: Self-executing and Non-self-executing Provisions

Multiple Choice Easy Jurisprudence

Practice question

Does the lack of an express remedial clause necessarily establish that a constitutional right is non-self-executing?
  1. Yes, for every constitutional right.
  2. Yes, unless an agency creates a new constitutional remedy.
  3. No; absence of an express remedy is not necessarily conclusive.
  4. Yes, if the right is asserted against a government corporation.
  5. Yes, if legislation would make enforcement more convenient.

Legal references

  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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